Visitor Question

Dealing Directly with the Insurance Company after 10 Years

Submitted By: Jessie (Ontario, Canada)

I was involved in a personal injury automobile accident October 1999.

My daughters were both injured at the time. My one daughter, now almost 16 received a broken wrist. My other daughter, now 13 received a large injury to her forehead that required stitches to which she now has a permanent scar.

At the time the other driver’s (at fault, charged with unsafe turn) insurance company advised me that there should be compensation but to wait until they were older.

Well, I think enough time has passed and I want this resolved.

I called the insurance company and finally got yet another representative who now tells me that he won’t talk to me and I need a lawyer.

Is that true? I’ve been under the impression all this time that I would be dealing with them, now that it comes down to it, they say they don’t deal directly with me.

I need some advice on how to proceed.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jessie,

Normally an insurance adjuster would be delighted to deal with you before you go and hire a lawyer, so I would agree that it seems odd that she is sort of pushing you in that direction.

A couple of thoughts comes to mind, however.

Because the case is quite old (the loss occurred in 1999), it may be an internal policy within this insurance company to refer those cases to their own internal litigation department.

My second thought is that because it involves your minor daughters with ten year old injuries, this might be yet another reason to refer it to litigation.

Regardless, there is NO statute of limitations for injuries occurring to minors so you need not worry about the ability to settle the case.

I might suggest that you take the adjuster’s advice though. These cases can pose fairly complicated liability theories and for that, you might want an experienced personal injury attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 28, 2010

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  [0]=>
  object(WP_Term)#1827 (11) {
    ["term_id"]=>
    int(590)
    ["name"]=>
    string(69) "How Pain and Suffering Compensation Increases with Permanent Injuries"
    ["slug"]=>
    string(11) "page_id_337"
    ["term_group"]=>
    int(0)
    ["term_taxonomy_id"]=>
    int(590)
    ["taxonomy"]=>
    string(12) "icc_qa_group"
    ["description"]=>
    string(0) ""
    ["parent"]=>
    int(0)
    ["count"]=>
    int(33)
    ["filter"]=>
    string(3) "raw"
    ["term_order"]=>
    string(3) "358"
  }
}

Leave a Reply

Your email address will not be published. Required fields are marked *